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★ West Virginia · workplace

Workplace settlements
in West Virginia.

By 9 min read

West Virginia comp pays 66 2/3 percent of wages, up to the state average weekly wage. A worker can sue the employer only for deliberate intent, and in 2013 the Supreme Court of Appeals let an employer point to the worker’s own conduct in a balcony fall. Firing a worker for claiming comp is illegal, but the fired worker in Walkup lost his claim.

Facts that decide a workplace claim in West Virginia

Comp rate66 2/3 percent of your average weekly wage, not to exceed 100 percent of the average weekly wage in West Virginia.W. Va. Code § 23-4-6
Deliberate intentIf injury results from the employer’s deliberate intention, the worker may sue “as if this chapter had not been enacted” for damages beyond comp.W. Va. Code § 23-4-2(c), quoted in Hampden Coal v. Varney (W. Va. 2018)
RetaliationAn employer may not discriminate against a worker for receiving or seeking comp.W. Va. Code § 23-5A-1; Walkup v. Davis-Stuart (W. Va. 2013)
★ band · US federal frame
Scheduled statutory benefits, no pain-and-suffering award
Workplace injury (workers compensation)
State workers-compensation schedules; value tracks the impairment rating, the wage rate and future medical, and most claims close by compromise-and-release rather than verdict.

The US band is the starting point. West Virginia's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your workplace claim in West Virginia. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own workplace case in about two minutes, no cost and no obligation.

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★ WV · reported workplace outcomes

What West Virginia courts have awarded.

Real West Virginia decisions and verdicts, each linked to the court record or official report.

  • Master Mechanical Insulation v. Simmons
    Supreme Court of Appeals of West Virginia · 2013
    Employer may show worker’s conduct

    In April 2004 Richard Simmons, called in for extra work at an asbestos abatement site, fell off a second floor balcony while pushing a decontamination unit over the edge. His comp claim was first denied, then held compensable in 2008. In his deliberate intent suit, the court held the employer could offer evidence of his own conduct on causation.

  • Walkup v. Davis-Stuart
    Supreme Court of Appeals of West Virginia · 2013
    Summary judgment for the employer affirmed

    Gary Walkup, who worked with youth at a residential care center, said he was pushed out after asking to reopen his comp claim and told to stop playing the injury card. The employer said he missed weeks of work without notice and abandoned the job. The court found a legitimate, non retaliatory reason and affirmed.

★ WV · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in West Virginia.

  1. 1

    Report every absence in writing, even for medical visits; Walkup lost on missed days.

  2. 2

    A deliberate intent suit needs proof beyond negligence, and your own conduct can be weighed.

  3. 3

    Any civil verdict against the employer covers only damages above your comp benefits.

★ WV · statute of limitations
2 years from date of injury

W. Va. Code § 55-2-12

★ WV · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ WV · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in West Virginia.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How West Virginia's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
West Virginia · you are hereModified comparative, 51% bar2 years from date of injury—
AlabamaPure contributory negligence2 years from date of injuryAL · workplace →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · workplace →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · workplace →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · workplace →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · workplace →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · workplace →
WyomingModified comparative, 51% bar4 years from date of injuryWY · workplace →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · workplace →
DelawareModified comparative, 51% bar2 years from date of injuryDE · workplace →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · workplace →
ArizonaPure comparative negligence2 years from date of injuryAZ · workplace →
★ WV · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of WV
West Virginia overview

Fault rule, statute, caps, and key facts for West Virginia as a whole.

★ federal frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for West Virginia's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in West Virginia. See /methodology, /sources, and /disclaimer.